Prenzler scrutinized: Involvement in St. Clair County lawsuit questioned as political

Involvement in St. Clair County lawsuit questioned as political

Prenzler scrutinized: Involvement in St. Clair County lawsuit questioned as political

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EDWARDSVILLE — Members of the county’s Finance Committee grilled Treasurer Kurt Prenzler Wednesday for his involvement in a court case that has already cost Madison County thousands of dollars in legal fees.

Prenzler, in his official capacity as Madison County treasurer, has racked up $3,647 in attorney’s fees as a result of his serving as a fact witness in a lawsuit filed against St. Clair County Treasurer Charles Suarez. In the lawsuit Bloyer et al v. St. Clair County, tax buyers claim Suarez rigged the bidding in tax sales, much like the scheme that landed former Madison County Treasurer Fred Bathon in prison.

Prenzler’s role in the lawsuit, and the nature of his involvement, was put under the microscope at Wednesday’s Finance and Government Operations Committee meeting. When asked, Prenzler defended his actions, saying his office regularly looks at other counties’ tax sales across the state.

“I was asked by a tax buyer in St. Clair County to review the data from St. Clair County tax sales and see if there was anything fishy there,” Prenzler said. “Anything similar to what went on in Madison County. I did have my chief deputy treasurer analyze the data, and I did find patterns, which I brought to attention.”

Committee members then asked what Prenzler’s position as Madison County treasurer has to do with dealings in St. Clair County. Prenzler provided no response, other than to repeat that he was asked by a tax buyer to perform the analysis and his office did so.

One of the items at issue was why Prenzler required counsel in the first place. Neither Prenzler nor Madison County are named in the suit, State’s Attorney Tom Gibbons said, but as an elected official Prenzler is entitled to representation when the work is in the scope of his duties as treasurer. Gibbons said Prenzler has “at all times” indicated that his involvement in the case was in the course of his duties.

Others are less certain. In 2014, Prenzler, then the Republican incumbent, was challenged for the Treasurer’s Office by Democrat Marleen Suarez. Suarez is the sister-in-law of St. Clair County Treasurer Charles Suarez, who is named in the lawsuit.

In May of that year, Prenzler held a press conference outside the St. Clair County Administration Building to reveal the findings of his analysis. “I can say that there are definite patterns when you compare the history of the tax sales in Madison and St. Clair County,” Prenzler said at the time.

On Wednesday, committee member Jamie Goggin said the county shouldn’t be paying legal fees if there were political motivations at play.

“The treasurer is free to do a lot of things that aren’t within his official duties. He’s not an hourly employee. I just don’t think that our county should be paying for anything that may be political in nature,” Goggin said. “I just want to make sure that’s addressed. If it’s within his official duties, of course we should be paying his legal fees. But if it’s not, the question should be asked.”

Gibbons, as the county’s lead counsel, said it is “incumbent on me to give the benefit of the doubt to the elected official because they’ve been chosen by the public” but said there could be future recourse if it is proven that Prenzler acted outside his official duties.

“As this case unfolds, there has certainly been quite a bit of litigation and depositions, and I have not read and reviewed all the depositions yet; I just received them. I will be reviewing Mr. Prenzler’s deposition and any other documents that have been filed related to his participation,” Gibbons said. “At that point, if there are things in there that indicate to me, or if his statements indicate, that this was something other than his official business, then we’ll reconsider the matter. But at this point I don’t think I could say that there’s one thing in particular, other than in the very generic sense to say if this was purely a political act, then certainly it doesn’t fall within (official business).”

The $3,647 in legal fees may not be the end of the financial burden on the county, either. In a deposition for the case, Prenzler failed or refused to answer certain questions posed by defense attorneys. The attorneys subsequently filed a motion to compel Prenzler to answer those questions, and a federal judge ruled that Prenzler will be subject to a second deposition scheduled for next week.

If he again refuses to provide answers, Gibbons said there could be more serious repercussions.

“(Prenzler) has been advised that if he fails or refuses to answer those questions, then he could still at this point be ordered to pay attorney’s fees for the other side for pursuing the deposition,” Gibbons said. “He could also be ordered to jail, he could be ordered to pay a fine if he fails or refuses to answer those questions. Those are all available options the federal judge has. But that is a bridge we have not crossed.”

Prenzler declined further comment on the issue.

County Board member Kelly Tracy expressed frustration with the situation, noting it is the second time in recent weeks Prenzler has been at the center of a discussion about county finances. Last month, a jury returned a $450,000 verdict against Prenzler in a discrimination suit filed by a former employee of the Treasurer’s Office.

“Make it stop, will ya?” Tracy told Prenzler in the meeting. “This is a request, I guess, from a member of the Finance Committee who is at a complete loss again this morning by your actions. So, please, I’m pleading, for the second time this morning — stop spending the money.”

Reach reporter Nathan Grimm at 618-208-6451 or on Twitter @GrimmTelegraph.